477 F.3d 938 (7th Cir. 2007), 06-2360, Repa v. Roadway Exp., Inc.
| Citation | 477 F.3d 938 |
| Party Name | Alice M. REPA, Plaintiff-Appellee, v. ROADWAY EXPRESS, INC., Defendant-Appellant. |
| Case Date | February 26, 2007 |
| Court | United States Courts of Appeals, U.S. Court of Appeals — Seventh Circuit |
Page 938
Argued Dec. 7, 2006.
Page 939
Christopher A. Monsour, Mayer, Brown, Rowe & Maw, Chicago, IL, for Petitioner-Appellant.
Stephen A. Kubiatowski, Office of U.S. Atty., Chicago, IL, for Respondent-Appellee.
Before BAUER, MANION, and SYKES, Circuit Judges.
MANION, Circuit Judge.
Alice Repa ("Repa") sued her employer, Roadway Express, Inc. ("Roadway"), alleging Roadway violated the Family Medical Leave Act ("FMLA"), 29 U.S.C. § 2601, et seq. Specifically, Repa alleged that Roadway improperly required her to use sick and vacation leave while she was using FMLA leave and receiving disability benefits. The district court granted Repa's summary judgment motion. Roadway appeals, and we affirm.
I.
Roadway is a commercial trucking company that is a member of a multi-employer bargaining unit, which is party to a collective bargaining agreement with the International Brotherhood of Teamsters. That agreement, known as the National Master Freight Agreement and Central Region
Page 940
Local Cartage and Over-the-Road, Motor Freight Supplemental Agreement ("NMFA"), requires employers, including Roadway, to make financial contributions to the Wisconsin Health Fund ("WHF"). The WHF is a Taft-Hartley trust fund established to provide, in part, "Health and Welfare Benefits," which include Loss of Time Disability Benefit, a short-term disability benefit program for employees covered by the NMFA. This benefit is available to an employee who is "disabled and cannot work" due to an injury incurred outside of work. A Board of Trustees, comprised of four employer and four employee representatives who are parties to the NMFA either individually or through their union, administers the WHF. NMFA also provides benefits for sick leave.
Repa, an employee of Roadway, suffered a non-work-related injury that required surgery and a six-week absence from work. Repa applied for and was granted Loss of Time Benefit through the WHF, receiving $300 per week for six weeks. On May 23, 2003, the same day that she applied for disability benefits, Repa notified Roadway of her need for leave under the FMLA, requesting leave from May 19, 2003 through June 30, 2003. Roadway granted Repa's request and notified her that she was required to "substitute any accrued paid leave for any unpaid FMLA leave." Upon Repa's return from leave, Roadway paid her for five sick days and two weeks of vacation. Repa received this pay in addition to the $300 per week she received through the WHF.
Repa filed suit alleging that Roadway had violated the FMLA by requiring her to use her sick and vacation leave days when she was receiving disability benefits during her FMLA leave. The parties filed cross motions for summary judgment. Citing 29 C.F.R. § 825.207(d)(1), Repa argued that because she was receiving temporary disability benefits through the WHF, the FMLA "provision for substitution of paid leave is inapplicable," and therefore Roadway should restore her vacation and sick time. In its motion for summary judgment, Roadway asserted that the FMLA and its regulations permit an employer to substitute paid leave for FMLA leave. Roadway argued that 29 C.F.R. § 825.207(d)(1) was not applicable to Repa's claim because it precluded paid leave substitution only when an employee was receiving disability benefits for the birth of a child. Roadway also contended that because the disability benefits Repa received were not from an employer disability plan, the substitution was appropriate. The district court granted Repa's motion and denied Roadway's motion, concluding that because Repa received disability benefits from the WHF, Roadway could not require Repa to substitute her paid leave for her FMLA leave. See Repa v. Roadway, No. 03-C-1071, 2005 WL 2275939, at *9 (E.D.Wisc. Sept. 19, 2005). Roadway appeals, asserting the arguments it raised below and that 29 C.F.R. § 825.207(d) is invalid because it conflicts with the FMLA.
II.
We review the district court's grant of summary judgment de novo. Cady v. Sheahan, 467 F.3d 1057, 1060 (7th Cir.2006) (citation omitted). Summary judgment is proper when the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c).
The FMLA guarantees qualifying employees twelve weeks of unpaid medical leave each year. Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81, 84, 122 S.Ct. 1155, 152 L.Ed.2d 167 (2002).
Page 941
The purpose of the FMLA is, in...
To continue reading
Request your trial